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Tag Archives: California Law

Contract Intellectual Property – Royalties – Unfair Trade Practices Claim — Civil Practice – Statute of Limitations

Stack v. Abbott Laboratories, Inc. Plaintiff’s claim for royalties affects only his relationship with defendant Abbott Laboratories, Inc. and its affiliates under the parties’ consulting contract; the failure to pay the royalties is alleged only to be a breach of contract and no more. Therefore, plaintiff’s unfair trade practices claim predicated on the failure to pay royalties fails.

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Arbitration – Labor & Employment – California Law

Hyder v. Inova Diagnostics Although plaintiff contends he has no specific recollection of ever receiving, reviewing, or signing the “Agreement to Arbitrate Claims,” he does not dispute that the signature on the Agreement is actually his. Plaintiff has not asserted any fraud, imposition or excusable neglect in the formation of the Agreement; therefore, under controlling California law, he cannot avoid the mandatory and binding nature of the Agreement’s terms on the grounds that he cannot recall reading it.

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Tort/Negligence – FTCA – Medical Malpractice – Remedies – California Law – Reversionary Trust

Cibula v. U.S. In this case in which a family won a multi-million dollar Federal Tort Claim Act award from the U.S. for their child’s brain damage caused by government doctors, the 4th Circuit remands the case for a second time for the Virginia federal district court to grant the government a reversionary interest in the child’s future care award under the controlling California law.

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Insurance – Commercial Liability – Intellectual Property – California Law – Photograph – Unauthorized Use

ISS Research, LLC v. Federal Insurance Co. (Lawyers Weekly No. 10-04-1140, 9 pp.) (Graham C. Mullen, J.) W.D.N.C. Holding: The plaintiff-insured was sued under California law for the unauthorized use of a photograph, which California law recognizes as an intellectual-property ...

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